This Transnational Training Workshop will address effective protection of the right to health in the light of the Charter of Fundamental Rights of the EU. Based on the ongoing judicial dialogue in this field, the workshop is meant to investigate the several challenges faced by national and European courts in balancing the right to health, both as an individual's right and as a collective interest, with other fundamental rights, such as freedom of movement (of people, service, capital and goods), data protection, refugees' rights, access to justice. The role of the Charter of Fundamental Rights, with special regard Article 52 (on proportionality) and Article 47 (on the right to an effective remedy), will be particularly considered in order to understand how the right to health influences the balancing between fundamental rights envisaged by Article 52 and the identification of effective remedies under Article 47.
The event will be structured in two training sessions followed by a discussion workshop specially aimed at delving into the multiple challenges posed by the Covid-19 pandemic. In particular, the first training session will address the complementarity between the right to health and other rights, by referring to significant cases in which the protection of the former results in strengthening the latter. On the contrary, the second training session will focus on cases in which the protection of the right to health entails a balance among fundamental rights.
The training event is intended for judges and lawyers from all over the EU. The objective is to enhance the mutual awareness of workshop participants regarding similarities and differences amongst the EU Member States in the field of effective protection of the right to health. To this end, plenary sessions will be combined with interactive sessions aimed at stimulating open discussion over hypothetical cases. Dedicated training materials will be provided in advance of the workshop.
The content of this training event represents the view of the organizers and participants only and is under their sole responsibility. The European Commission does not accept any responsibility for use that may be of the information it contains.
This workshop is funded by the European Union's Justice Programme (2014-2020).
Programme
Thursday, 27th May 2021 Day 1 – 09.30 - 16.45
09:30 – 09:40 | Welcome address and introduction to the FRICoRe workshop |
09:40 – 10:00 | Presentation of the FRICoRe Casebook on Health and Fundamental Rights |
10:00 – 11:00 | Keynote speech Justice Raffaele Sabato, European Court of Human Rights |
11:00 – 11:30 | Discussion introduced by Fabrizio Cafaggi, Council of State, Consiglio di Stato, Italy |
11:30 – 11:45 | Break |
11:45 – 13:00 | Roundtable 1 “The horizontal dimensions of health protections: the right to health in consumer protection, data protection, asylum, non-discrimination” |
13:00 – 15:00 | Break |
| 15:00 – 15:15 | Introduction to the Hypothetical Session |
| 15:15 – 16:30 | Hypothetical Session in Breakout Rooms |
| 16:30 – 16:45 | Sharing of results in plenary room |
Friday, 28th May 2021 Day 2 – 09.00 - 12.45
09:00 – 09:30 | Keynote speech Justice Peter Huber, Federal Constitutional Court, Bundesverfassungsgericht, Germany |
09:30 – 09:45 | Discussion introduced by Elena Buoso, University of Padova |
09:45 – 11:00 | Roundtable 2 “Balancing the right to health with other Fundamental Rights: the role of general principles of EU law” |
11:00 – 11:15 | Break |
| 11:15 – 12:30 | Hypothetical Session in Breakout Rooms |
| 12:30 – 12:45 | Sharing of results in plenary room |
